Federal Court class action demands apologies from Scott Morrison, state premiers outside Polish Embassy

A prominent anti-vaxxer is involved in a national class action that wants Scott Morrison and state and territory leaders to do one strange thing.

Two law firms have teamed up to demand the Prime Minister and state and territory leaders stand outside the Polish Embassy and apologise for “deceiving” Australians over vaccinations.

In a class action filed in the Federal Court last week, prominent anti-vaxxer Monica Smit and five other applicants, represented by G & B Lawyers and AFL Solicitors, are taking on the members of national cabinet.

All applicants are residents of Victoria or NSW and have been subject to various lockdown measures or restrictions.

In addition to Ms Smit – who spent 22 days in custody on remand for allegedly organising anti-lockdown protests in Victoria and is due to reappear in court next month– another applicant, John Harding, works in construction and says he cannot return to his job because he is unvaccinated.

Applicant Antoine Sandroussi says he “submitted himself to vaccination” by way of coercion.

The applicants are demanding declarations from the leaders that the national plan and state orders were “beyond power”, the declaration of a biosecurity emergency made in March 2021 was “void and was of no effect”, and Australians who received vaccinations “by consequence of the national plan received them in circumstances that amounted to an assault and battery”.

Representatives are demanding Scott Morrison and individual state and territory leaders “for the purposes of compensating the plaintiff and the group members for the humiliation, aggravation and degradation to which they were subjected by consequence of the implementation of the national plan” convene outside the Polish Embassy to apologise for their “behaviour”.

The apology would recognise, among other things, their involvement in the “rise of assaults and batteries across the nation”, the group says.

The Polish Embassy was chosen because of protests by “Polish government officials” outside the Australian embassy in Warsaw last month against the “conduct of a totalitarian state”.

But Australian and Polish fact checkers have confirmed the men at the centre of the protest were not members of the government but members of the far-right political party Konfederacja, which has a history of sharing Covid-19 conspiracy theories and misinformation.

In the statement of claim, Ms Smit and her fellow respondents claim the federal and state governments implemented a “new world order” and Australia’s chief scientists were aware of, or should have known, that Covid-19 vaccines were a “bioweapon” intended to “occasion damage and injury upon the population of the world”.

The legal team is crowdsourcing funding for the class action through, asking for contributions for their “quest” to “reclaim your freedom, your liberty, and your right to choose”.

In a statement, AFL Solicitors say the contributions will go towards “supporting Australians’ capacity to have a choice without political threats of medical apartheid if they choose to reject the Covid-19 jab”.

“The fundamental right to choose whether or not to have a jab or any medical procedure should not be predicated on being compelled or coerced under any circumstances,” they wrote.

“The various governments of Australia appear to have dismantled all common democratic processes and, in effect, used a health matter to suspend the rule of law and implement far reaching policies without parliamentary oversight.

“AFL Solicitors is seeking your help in joining legal action to end lockdowns and restore the freedoms and rights of each Australia, explicitly those matters relating to mandatory vaccinations and restricted travels through LGAs.”

The national class action comes off the back of Judge Robert Beech-Jones last week dismissing two lawsuits in the NSW Supreme Court challenging public health orders made by NSW Health Minister Brad Hazzard, notably mandatory vaccines for some essential workers.

Nathan Buckley, of G & B Lawyers, who represented a number of plaintiffs, has indicated his clients he will appeal and called for donations to fund his case, which as of October 7 had accumulated $420,000.

Constitutional law expert George Williams AO from UNSW said the national class action – like the NSW case — was unlikely to succeed.

“The powers being exercised by our governments are soundly based in legislation enacted by the parliament. That legislation provides the broadest possible powers and discretions for ministers to impose health orders,” he said.

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